Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
3, March, 2012
EDITORIAL
RBI AS WELL AS GOVERNMENT OF INDIA MUST RECONSIDER RELAXATION ALLOWED
RECENTLY IN AUDIT OF BRANCHES OF PUBLIC SECTOR BANKS
The RBI had set up a committee to
adequate audit. The Central Council members and various
review various important aspects of
other leading chartered accountants have met the Corporate
audit of public sector banks. The
Affairs Minister, several leaders of Congress and BJP beside
committee, despite serious objections
top of officials in RBI and Ministry of Finance, to highlight
by the Central Council of the Institute
the problem the Indian Banking Sector can face in the
of Chartered Accountants of India,
absence of adequate indepth audit.
gave its interim report recently which
It is suggested that an independent organisation such as
inter alia include exemption from audit
Accounting Research Foundation may be asked to prepare
CA Vinod Jain*
of branches having Rs. 100 crore
a report based on audit reports/ LFARs made by statutory
advances for large banks and Rs. 50 crore advances for
auditors of such branches which are likely to be exempted,
mid size banks. On the basis of the report, RBI has
as to highlight the areas/ quantum which shall get exposed
recommended that all the branches of public sector banks
if audits of such branches are not taken up.
having less than Rs. 20 crore advances should be exempted
The claim of some of the
from audit, except once in 5
years.
The Council of the ICAI has considered this banks that they are paying very
matter in their emergency meeting and decided high audit fee, as compared to
The Central Council of the
that any such decision may seriously impact the private sector banks, is
ICAI is of the strong view that
financial discipline of the public sector banks baseless as they have not
any such decision may
and may result into unprecedented increase of realized their size, number of
seriously impact the financial
borrowers, risk of money
indiscreet lending or even Frauds.in banks.
discipline of the public sector
laundering
and
most
banks and may result into
importantly fragile internal control system and MIS system
unprecedented increase of indiscreet lending or even
in public sector banks. In case of private sector banks
Frauds in banks. The Central council felt that it may be
most of the loan documents, securities, loan processing,
difficult for central statutory auditors to express an opinion
credit authorization are all centralized, whereas to meet
about true and fairness of the Financial statements of the
the inclusive growth agenda of the Government, public
respective banks , in the absence of audit of majority of
sector banks have delegated large powers in respect of
the bank branches except very small branches up to Rs. 3
sanction of loans, documentation, credit monitoring and
crore / Rs. 5 crore. The Central Council must express its
loan records at the branch level.
concerns to the RBI as well as to the Government well in
In a recent meeting, with Sh. Pranab Mukherjee, a
advance.
delegation of ICAI led by Mr. Veerapa Moily, Minister of
It is very important that Lakhs of crores advances, deposits
Corporate Affairs and President of the Institute, the Council
and other banking operations do not remain without
Contd ... on page 3
* Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates, Member, Central Council, ICAI. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004
LATEST IN FINANCE
1.0
1.0
3.0
2.0
ICAI
1.0
2.0
EDITORIAL
IAL
TOR
I
D
E
A JOURNAL OF
FEMA
1.0
2.0
3.0
5.0
CAPITAL MARKET
1.0
2.0
4.0
6.0
CAPITAL MARKET
CERTIFICATE
/ CORPORATE
COURSE
LAW
3.0
2.0
CORPORATE LAW
1.0
Section 394:
The Calcutta High Court held that transfer of
any property upon sanction of a scheme of
amalgamation under Companies Act would not
be exempt from stamp duty
Decided Case: Emami Biotech Ltd., In re
AUDIT / TAXATION
technical data provided by the broadcasters, FM
radio companies and DTH operators.
The job includes verification of net worth, cases
of mergers/demergers, disinvestments, verification of gross revenue figures of DTH and FM
radio operators, determination of interest on
delayed payments and cases referred to the
foreign investment promotion board (FIPB),
among others.
AUDIT
1.0
TAXATION
1.0
3.0
2.0
4.0
TAXATION
Section 54EC:
The Kolkata ITAT bench held that 6 months
time-limit for investment in bonds under section
54EC of the Income-tax Act, 1961 to be
reckoned from date of receipt of part payments,
not from date of transfer under section 53A of
the Transfer of Property Act.
Decided Case:Chanchal Kumar Sircar v/s Income-tax
Officer
Section 43(5):
The Kolkata ITAT bench held that no TDS
under section 194H required on payment of
brokerage paid to an agency for facilitating
derivatives trade.
Decided Case:Deputy Commissioner of Income-tax v/s
Noble Enclave & Towers (P.) Ltd.
Section 145:
The Rajkot ITAT bench held that assessee
company having not maintained proper record of
its inventory, rejection of its books was justified.
Decided Case: Gupta Global Exim (P.) Ltd. v/s Assistant
Commissioner of Income-tax
Section 271(1)(c):
The Delhi ITAT bench held that Reliance on CA's
opinion which dealt with accounting for expense
(not its deductibility under the Act) will not save
assessee from penalty under section 271(1)(c)
Decided Case: Chadha Sugars (P.) Ltd. v/s Assistant
Commissioner of Income-tax.
Section 2(22)(e):
The Delhi ITAT bench held that where amount
in question was advanced to assessee in
pursuance of memorandum of agreement for
developing plots of land belonging to assessee
into commercial building, such advance could not
be treated as deemed dividend.
Decided Case: Assistant Commissioner of Income-tax,
Circle 27(1), New Delhi v/s S. Joginder Singh
Section 32:
The Delhi High Court held that Assessing
Officer could not restrict assessee's claim for
depreciation by making changes in costs of
various assets on estimated basis.
Decided Case: Commissioner of Income-taxV/S V/S
Pepsico India Holdings (P.) Ltd.
Section 194C:
The Karnataka High Court held that where one
of products of assessee had been got prepared
from a manufacturing company on certain terms
and conditions, transaction entered into between
assessee and manufacturing company was a
contract for work and not contract for sale.
Decided Case: Commissioner of Income-tax, Central
Circle V/S Nova Nordisk Pharma India Ltd.
FINANCIAL INDICATORS
Current Rate*
(in %)
3 Month LIBOR
3 Month MIBOR
SENSEX
NIFTY
CRR
REPO
REVERSE REPO
Gold (per 10 gm)
Silver (per kg)
Crude (USD/bbl)
Rs. vs USD
Rs. vs Euro
Rs. vs Yen
Rs. vs RMB
Rs. vs Pound
MCX Aluminium
D
D
>^/K
> ^ /
>^/
>W'D
d : d
D
/
0.48
0.52
10.52
9.92
17503.24 17830.75
5333.55 5412.35
4.75
5.5
8.5
8.5
7.5
7.5
27982
28274
59052
56915
125.98
117.31
49.75
49.65
65.25
65.80
60.35
63.94
7.88
7.89
78.06
78.35
108.50
110.15
MCX Copper
&
&
Month Ago
(in %)
425.45
432.3
3 Month
6 Month
Ago (in %) Ago (in %)
0.54
9.37
16002
4801
6
8.5
7.5
28673
55213
108.09
53.40
70.44
68.58
8.36
83.33
106.25
0.34
9.41
16867
5059
6
8
7
28176
65165
112.77
46.38
64.48
59.87
7.28
74.01
108.65
409.60 409.30
Project Funding
Investment Banking
Due Diligence Fund Raising - Private Equity, Debts and International Funding
solutions@inmacs.com
Contact details : Dharampal (9013363257) All India Chartered Accountants Society - CFO World 909, Chiranjiv Tower, 43, Nehru Place,
New Delhi-110019. Ph: 26223712, 26228410, 26226933 E-mail:aicas.cfo@gmail.com / cfoworld@gmail.com EDITOR: Pankaj Gupta, LLB, FCS
E-mail: pankajguptafcs@gmail.com PUBLISHED & PRINTED: At New Delhi by Satish Chandra, Administrative Officer, on behalf of All India Chartered
Accountants Society, 4696, Brij Bhawan, 21A, Ansari Road, Darya Ganj, New Delhi-110 002 Phone 23265320, 23288101 E-mail : aicas.cfo@gmail.com
Printed at: EIH Ltd., Unit : Printing Press, No. 7, Sham Nath Marg, Delhi-110054. Views expressed by contributors are their own and the Society does not accept
any responsibility.